First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 25-0901.01 Jerry Barry x4341 HOUSE BILL 25-1298 House Committees Senate Committees Judiciary Judiciary A BILL FOR AN ACT C ONCERNING JUDICIAL PE RFORMANCE COMMISSIONS .101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill establishes the twenty-third judicial district commission on judicial performance on December 1, 2025, and specifies the initial terms for members of the commission. The bill repeals outdated provisions concerning the terms of members of judicial commissions. Be it enacted by the General Assembly of the State of Colorado:1 SENATE 3rd Reading Unamended April 10, 2025 SENATE 2nd Reading Unamended April 9, 2025 HOUSE 3rd Reading Unamended March 20, 2025 HOUSE 2nd Reading Unamended March 19, 2025 HOUSE SPONSORSHIP Carter and Richardson, Bacon, Bird, Boesenecker, Espenoza, Hamrick, Johnson, Keltie, Mabrey, Paschal, Phillips, Woodrow SENATE SPONSORSHIP Exum and Michaelson Jenet, Carson, Frizell, Jodeh, Snyder, Weissman Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. SECTION 1. In Colorado Revised Statutes, 13-5.5-104, amend1 (3)(a) introductory portion and (4)(a) introductory portion; repeal (3)(b),2 (3)(c), (4)(b), and (4)(c); and add (4.5) as follows:3 13-5.5-104. State commission on judicial performance -4 district commissions on judicial performance - established -5 membership - terms - immunity - conflicts - repeal. (3) (a) The state6 commission consists of eleven members appointed on or before March 1,7 2019, as follows:8 (b) The terms of state commissioners appointed prior to January9 31, 2019, shall continue until such time as his or her term was originally10 set to expire; except that the term of the two nonattorneys appointed by11 the chief justice of the supreme court pursuant to subsection (2)(a)(IV) of12 this section expires on January 31, 2019.13 (c) This subsection (3) becomes effective February 1, 2019.14 (4) (a) Each district commission consists of ten members15 appointed on or before March 1, 2019, as follows:16 (b) The terms of district commissioners appointed prior to January17 31, 2019, shall continue until such time as his or her term was originally18 set to expire; except that the following commissioners' terms expire on19 January 31, 2019:20 (I) The two nonattorneys appointed by the chief justice of the21 supreme court pursuant to subsection (2)(a)(IV) of this section; and22 (II) The attorney appointed by the governor pursuant to subsection23 (2)(a)(III) of this section.24 (c) This subsection (4) becomes effective February 1, 2019.25 (4.5) (a) T HE TWENTY-THIRD JUDICIAL DISTRICT COMMISSION ON26 JUDICIAL PERFORMANCE, REFERRED TO IN THIS SUBSECTION (4.5) AS THE27 1298 -2- "TWENTY-THIRD JUDICIAL DISTRICT COMMISSION ", IS ESTABLISHED ON1 D ECEMBER 1, 2025. MEMBERS OF THE TWENTY-THIRD JUDICIAL DISTRICT2 COMMISSION ARE APPOINTED PURSUANT TO SUBSECTION (4)(a) OF THIS3 SECTION; EXCEPT THAT A PERSON SERVING AS A MEMBER OF THE4 EIGHTEENTH JUDICIAL DISTRICT COMMISSION ON JUDICIAL PERFORMANCE5 DURING 2025 WHO RESIDES WITHIN THE TWENTY-THIRD JUDICIAL DISTRICT6 MAY BE APPOINTED TO SERVE ON THE TWENTY -THIRD JUDICIAL DISTRICT7 COMMISSION, AND IF SUCH A PERSON IS APPOINTED, THE PERSON'S TERM ON8 THE TWENTY-THIRD JUDICIAL DISTRICT COMMISSION CONTINUES FOR THE9 REMAINDER OF THE TERM TO WHICH THE PERSON WAS ORIGINALLY10 APPOINTED FOR THE EIGHTEENTH JUDICIAL DISTRICT COMMISSION ON11 JUDICIAL PERFORMANCE.12 (b) N OTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, THE13 INITIAL TERMS OF THE FOLLOWING MEMBERS OF THE TWENTY -THIRD14 JUDICIAL DISTRICT COMMISSION EXPIRE ON NOVEMBER 30, 2027:15 (I) T HE NONATTORNEY APPOINTED BY THE SPEAKER OF THE HOUSE16 OF REPRESENTATIVES PURSUANT TO SUBSECTION (4)(a)(I) OF THIS17 SECTION;18 (II) T HE NONATTORNEY APPOINTED BY THE MINORITY LEADER OF19 THE HOUSE OF REPRESENTATIVES PURSUANT TO SUBSECTION (4)(a)(III) OF20 THIS SECTION;21 (III) T HE NONATTORNEY APPOINTED BY THE PRESIDENT OF THE22 SENATE PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION;23 (IV) O NE OF THE ATTORNEYS APPOINTED BY THE CHIEF JUSTICE OF24 THE SUPREME COURT PURSUANT TO SUBSECTION (4)(a)(V) OF THIS25 SECTION AS DESIGNATED BY THE CHIEF JUSTICE; AND26 (V) O NE OF THE NONATTORNEYS APPOINTED BY THE GOVERNOR27 1298 -3- PURSUANT TO SUBSECTION (4)(a)(VI) OF THIS SECTION AS DESIGNATED BY1 THE GOVERNOR.2 (c) T HE INITIAL TERMS OF THE FOLLOWING MEMBERS OF THE3 TWENTY-THIRD JUDICIAL DISTRICT COMMISSION EXPIRE ON NOVEMBER 30,4 2029:5 (I) T HE ATTORNEY APPOINTED BY THE SPEAKER OF THE HOUSE OF6 REPRESENTATIVES PURSUANT TO SUBSECTION (4)(a)(I) OF THIS SECTION;7 (II) T HE ATTORNEY APPOINTED BY THE PRESIDENT OF THE SENATE8 PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION;9 (III) T HE NONATTORNEY APPOINTED BY THE MINORITY LEADER OF10 THE SENATE PURSUANT TO SUBSECTION (4)(a)(IV) OF THIS SECTION;11 (IV) O NE OF THE ATTORNEYS APPOINTED BY THE CHIEF JUSTICE OF12 THE SUPREME COURT PURSUANT TO SUBSECTION (4)(a)(V) OF THIS13 SECTION AS DESIGNATED BY THE CHIEF JUSTICE; AND14 (V) O NE OF THE NONATTORNEYS APPOINTED BY THE GOVERNOR15 PURSUANT TO SUBSECTION (4)(a)(VI) OF THIS SECTION AS DESIGNATED BY16 THE GOVERNOR.17 (d) D URING 2025, MEMBERS OF THE EIGHTEENTH JUDICIAL18 DISTRICT COMMISSION ON JUDICIAL PERFORMANCE SERVING ON THE19 EFFECTIVE DATE OF THIS SUBSECTION (4.5) SHALL CONDUCT THE INTERIM20 EVALUATIONS PURSUANT TO SECTION 13-5.5-109 FOR JUDGES OF BOTH THE21 EIGHTEENTH JUDICIAL DISTRICT AND THE TWENTY -THIRD JUDICIAL22 DISTRICT.23 (e) T HIS SUBSECTION (4.5) IS REPEALED, EFFECTIVE JULY 1, 2028.24 SECTION 2. Safety clause. The general assembly finds,25 determines, and declares that this act is necessary for the immediate26 preservation of the public peace, health, or safety or for appropriations for27 1298 -4- the support and maintenance of the departments of the state and state1 institutions.2 1298 -5-